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AF | BCMR | CY2003 | BC-2002-03789
Original file (BC-2002-03789.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2002-03789

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code of 4D be changed to 1M, 1P, or 1Q.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He cannot apply for commissioning with an RE code of 4D.

In support of the appeal, the applicant submits a copy of his DD  Form  214,
Certificate of Release or Discharge from Active Duty.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 14 October 1988  and  was
progressively promoted to the grade of senior airman.

On 3 October 1998, he was released from active duty under the provisions  of
AFI 36-3208 (Reduction in Force(RIF)), and was  issued  an  RE  code  of  4D
(Grade is Senior Airman or Sergeant,  completed  at  least  9  years,  Total
Active Federal Military Service (TAFMS), but fewer than 16 years TAFMS,  and
has not been selected for promotion to  Staff  Sergeant).   He  completed  9
years, 11 months, and 20 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends the application be denied and states,  in  part,  that
the applicant was involuntarily discharged under RIF reasons as a result  of
his failure to obtain the grade of Staff Sergeant.  As such,  he  was  given
an RE code of 4D.  (Exhibit C)

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 21 March 2003 for review and response within 30  days.   However,  as  of
this date, this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice to warrant upgrading his RE Code.   In  this
respect, we note that the applicant’s discharge appears to be in  compliance
with the governing Air Force Instruction  in  effect  at  the  time  of  his
separation and that he was afforded all the rights to which  entitled.   The
applicant’s assigned RE code of 4D accurately reflects that at the  time  of
his separation he was serving in the grade  of  senior  airman,  he  had  at
least nine years of active military  service,  and  that  he  had  not  been
selected for promotion to  the  grade  of  staff  sergeant.   The  applicant
provides no evidence that his  separation  was  inappropriate  or  that  the
assigned RE Code is in error or unjust.  There being  insufficient  evidence
to the contrary, we find no  compelling  basis  to  recommend  granting  the
relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2002-03789
in Executive Session on 24 April 2003, under the provisions of AFI 36-2603:




                       Mr. Thomas S. Markiewicz, Vice Chair
                       Mr. Laurence M. Groner, Member
                       Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Nov 02, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 4 Feb 03.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Mar 02.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

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